Court : Allahabad
Reported in : 2005(4)ESC2298
..... university shall be the ordinances as in force immediately before the commencement of this act insofar as they are not inconsistent with the provisions of this act:provided that for the purpose of bringing the provisions of any such ordinances into accord with the provisions of this act and the statutes, the chancellor may by order make such adaptations and modifications of the ordinances whether by way of repeal, amendment or addition as may be necessary or expedient and, provide that the ordinances shall as from such date as may be specified in the order have ..... of students in different fields and so the impugned order would affect the career of many students who have already undergone the study in the first semester examination and even the second semester classes are in progress and that the field of higher education including universities is contained in entry 66 in list 1 of the union list and no law can be framed which is contrary to the law framed by the central government or by the university grant commission in exercise of its powers under the university grant commission act, 1956 (hereinafter referred to as the 'ugc act').6. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2004All227; 2004(2)ARBLR411(All); 2004(2)AWC1110; [2004]54SCL240(All)
..... as the aforesaid question is required to be answered keeping in view of the provisions of arbitration act, 1996, civil procedure code, 1908, court fees act as amended in u. p. ..... paras nath singh, : air2002sc233 , it has been held as follows :'it is well settled that the court fee has to be paid on the plaint as framed and not on the plaint as it ought to have been framed unless by astuteness employed in drafting the plaint the plaintiff has attempted at evading payment of court fee or unless there be a provision of law requiring the plaintiff to value the suit and pay the court fee in a manner other than the one adopted by the plaintiff. ..... the present appellants thereafter filed an application under section 9 of the arbitration and conciliation act, 1996 (hereinafter to be referred as the act) for the following reliefs :(a) 'pass an ad interim order staying operation of the order dated 3.10.2003 issued by respondent no. ..... government, non-government bodies and private parties secured or unsecured and on such terms and conditions as the partners may mutually agree upon.'7. ..... a single judge under rule 2 of the chapter has a limited pecuniary jurisdiction in respect of the various kinds of appeal or as mentioned therein up to but not exceeding 5 lakhs or one lakh rupees as the case may be. ..... (iii) .................................shall be deemed to be property involved in or affected by the relief sought within the meaning of the proviso to the sub-section. .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(4)AWC2945
..... the procedure of transfer provided in the regulations in chapter iii, made in exercise of powers under section 16g (2) (c), has also undergone a change after the amendments made in regulations 55 to 61, these amendments made by notification dated 9.9.1997 and 22.9.1997, provide for a scheme in which both the committees of management give their assent and that the application is processed by committee set up for that purpose under regulation 59. ..... i do not find any substance in the submission of sri ashok khare that the transfer of principal to the vacancy, which has been forwarded to the board, will defeat the rights of two seniormost teachers for promotion and that there is any need to harmonize the provisions of the act and the rules to confired the the right of promotion under the proviso to section 16, to only teachers 2004 (4) aw in the quota of direct recruitment.17. ..... in case the senior most teacher secures highest marks in interview amongst the 7 candidates then such senior most teachers is declared as duly selected for the concerned institution. ..... the section 16 was amended adding a proviso permitting transfer of a teacher from one institution to another in accordance with regulations made under clause (c) of sub-section (2) of section 16g of the intermediate education act, 1921 and that after such amendment the transfer of a principal is permissible, in law.10. ..... durai kanon, (1996) 6 scc 464, and submits that in writ petition 34450 of 2001 connected with wrir petition no. .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(4)ESC2517
..... fifty-one percent of the share capital of the society is held by the state government;(iii) a board or a corporation or a statutory body established by or under a central or uttar pradesh act which is owned and controlled by the state government or a government company as defined in section 617 of the companies act 1956 in which not less than fifty one percent of the paid -up share capital is held by the state government;(iv) an educational institution owned and controlled by the state government or ..... the commission shall scrutinize the applications and having regard to the need of securing due representation of candidate belonging to the scheduled castes and scheduled tribes and other categories referred to in rule 4 call for interview such number of candidate as it may consider proper: provided that in respect of the post of the head of an institution the commission shall also call for interview two senior most teachers of the institution whose name are forwarded by the ..... of clause (4-a) in article 16 of the constitution the appropriate government can, in exercise of its executive powers under articles 73 and 162 of the constitution, as the case may be, can provide for reservation in favour of scheduled castes/ scheduled tribes in matters of promotion of any class or classes of posts in the services under the state government order dated 31.03.1996 (annexure ca-7) and other government orders referred to therein were issued by the state government in exercise of its executive .....
Tag this Judgment!Court : Allahabad
Reported in : (2004)3UPLBEC2447
..... . chapter iii of the said act mention who can be a member of a cooperative society and what are his rights and liabilities ..... . while deciding the said case the bombay high court placed reliance on the judgment of shri anandi mukta sadguru (supra) and held that the stock exchange was established to assist, regulate and control dealing in securities and to ensure various dealings and therefore, these were the objects, of public interests and therefore, writ was maintainable; we agree with the view of the kerala high court and we respectfully disagree with that of the bombay high court.44 ..... . by the government of india, the reason being that the government has no control as it is the governing body which can frame, amend and repeal the bye-laws etc ..... district, assistant registrar, co-operative societies, kanpur, 1996 (1) esc 32, this court held that since the conditions of service of the employees, are not governed by any statutory rule or regulation, the co-operative society is not an authority within the meaning of article 12 of the 'constitution nor is it an instrumentality of the state nor does it exercise any statutory power or discharge statutory power or statutory/public duties, hence the writ petition was not maintainable against the cd-operative society.10. ..... , (2004) 1 uplbec 7, held that the kisan sahkari chini mills limited, sultanpur was not state under article 12 of the constitution. ..... . karmchari sangh, (2004) 4 scc 268 ..... stock exchange association ltd, 2004 alj 365:8. .....
Tag this Judgment!Court : Allahabad
Reported in : (2005)198CTR(All)274; [2006]281ITR70(All)
..... 'section 132a of the act was introduced by the taxation laws (amendment) act, 1975 with effect from 01.10.1975 which provides that where the director general or the director or the chief commissioner or commissioner, in consequence of information in his possession, has reason to believe that-(a) ............ ...............(b) ............ .............. ..... no explanation could also be furnished by shri garg as to how the security deposited by the unsuccessful bidders in the earlier auction had been deposited in this case for participating in the auction for grant of the said privilege and as to why its partners have not come forward and under what circumstances, the statement was made by shri babu lal, the deponent in this case, at the time of search that he had nothing to do with the case. ..... ; search and seizure had been strictly in accordance with the statutory provisions; no fault can be found with the same; the person concerned had been assessed also under the provisions of chapter xiv-b; notices under section 158bc of the act were issued; none of them turned up; the assessment orders dated 23.03.2001 had been passed against the person concerned; the persons aggrieved/assessees have filed appeals which are pending before the appellate authorities. ..... (iii) the firm had not been registered with the income-tax department as required under section 184 of the act. ..... income-tax officer, : [1996]221itr538(sc) ; income-tax officer v. ..... director of investigation : [2004]266itr597(all) .20. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2005All101; [2005(2)JCR593(All)]; (2005)1UPLBEC85
..... thus, the phrase 'actual seizure' in mercantile law amendment act, 1856 ..... caste, creed or family;(4) provide for the procedure of calling meetings and the conduct of business at such meetings:(5) provide that all the decisions shall be taken by the committee of management and powers of delegation, if any, shall be limited and clearly defined;(6) ensure that the powers and duties of the committee of management and its office-bearers are clearly defined;(7) provide for the maintenance and security of property belonging to the institution and also for the utilization of its funds and for ..... of education and others : air1997all99 , considered a reference made to it by a division bench in special appeal, quoted as under;'whether the deputy director of education can be said to be functioning as a tribunal within the meaning of rule 5 of chapter-viii of allahabad high court rules while exercising the powers conferred on him under sub-section (7) of section 16-a of up. ..... director of education and others, 1996 acj 226, another division bench held that the provisions contained under section 16-a(7) itself implies that for deciding the question of actual control, the regional deputy director of education, shall have regard to various circumstances including the 'scheme of administration. ..... it has been given powers to make adhoc appointments on class iii posts, determination of seniority, notification of vacancies to the district inspector of schools, preparation and submission of salary bills .....
Tag this Judgment!Court : Allahabad
Reported in : [2005(1)JCR67(All)]
..... thus the phrase 'actual seizure' in mercantile law amendment act, 1856 (c. ..... person, caste, creed, or family :(4) provide for the procedure of calling meetings and the conduct of business at such meetings;(5) provide that all the decisions shall be taken by the committee of management and powers of delegation, if any, shall be limited and clearly defined;(6) ensure that the powers and duties of the committee of management and its office-bearers are clearly defined;(7) provide for the maintenance and security of property belonging to the institution and also for the utilization of its funds and for ..... deputy director of education and others : air1997all99 considered a reference made to it by a division bench in special appeal, quoted as under;'whether the deputy director of education can be said to be functioning as a tribunal within the meaning of rule 5 of chapter viii of allahabad high court rules while exercising the powers conferred on him under sub-section (7) of section 16-a of u.p. ..... it has been given powers to make ad hoc appointments on class iii posts, determination of seniority, notification of vacancies to the district inspector of schools, preparation and submission of salary bills etc. ..... , 1996 acj 226 another division bench held that the provisions contained under section 16-a (7) itself implies that for deciding the question of actual control, the regional deputy director of education, shall have regard to various circumstances including the 'scheme of administration'. .....
Tag this Judgment!Court : Allahabad
Reported in : II(2006)ACC780; AIR2006All144
..... the ratio of the said judgments is that once the scheme under chapter vi of the act to finalised and stands published, it becomes the law within the meaning of article 13 of the constitution, and therefore, no permit can be granted in deviation of the terms incorporated in the scheme itself as held by the constitution benches of the supreme court in h.c narayanappa and ors. v. ..... to such a case the principle of nazir ahmad's case, , cannot be applied.the learned counsel for the petitioner also referred to the maxim expressio unius est exclusio aiterius and contended that since the act by chapter iv a provided that the government would be entitled to run buses under a scheme it impliedly prohibited the running of buses by the government otherwise. ..... under chapter iv the government does not have any such advantage; it has to compete with other applicants, to secure permits to be able to run its buses. ..... since the amendment the government can no longer run transport vehicles for commercial purposes without obtaining permits under section 42(1). ..... proviso to sub-section (3) (d) (iii) provides that if other conditions are equal, preference shall be given to the applications for permit from state transport undertaking.21. ..... air 2004 sc 1242).17. ..... : [1996]3scr904 ; and secretary, a.p. ..... : (1996)iillj627sc ; and vice chancellor, university of allahabad and ors. v. dr. ..... : 1996(84)elt401(sc) ; state of u.p. .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(4)ESC2265
..... it was affiliated by the board on the understanding that it shall frame service rules on the same lines as chapter vii of the affiliation bye-laws and enter into agreement with the teachers in the same format as appendix-iii to the affiliation bye-laws. ..... the intimation to the schools or the amendment may be to the effect that--(a) the chapter vii of the affiliation bye-laws shall be deemed to be the service rules till the service rules are framed by the schools; and(b) the agreement between the schools and the teachers/ employees (where state/u.t. ..... article 21a was inserted by the constitution 86th amendment act as a fundamental right though this article is yet to be enforced.41. ..... (xviii) one person each to represent the following professional bodies to be appointed by the controlling authority :engineering agriculturemedicineindustry and commercefine artshome science(xix) not more than four persons to be nominated by the controlling authority from amongst eminent educationalists or teachers of the institutions recognised by the board whose services it may be considered necessary or desirable to secure for the board, keeping in view the composition of the board. ..... shilpi paul, decided on 16.8.2004.endnote-2: the following decisions were cited for the proposition whether the board is state or not within the meaning of article 12:(i) roman v. la. ..... 1415 of 1996, mrs. .....
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